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Author Topic: co-owned property issue  (Read 1185 times)

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Offline deepabalu

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co-owned property issue
« on: August 11, 2014, 01:07:43 PM »
Hi,

I bought a house 10yrs ago via Loan and I have listed my one person's name as second applicant.
The Whole loan was paid by me.

Now I have issues with that person bcos they are forcing me to give the deed to them and sign it off.They are currently staying in the house.I am afraid that if I give the deed to them ,they will sell or keep for debt.

Is there any way or stay order that I can put to force them out of the house until the issue is resolved.
I don't want them to occupy the house till the issue is resolved

Regards

Offline advbanani

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Re: co-owned property issue
« Reply #1 on: August 11, 2014, 10:03:28 PM »
if the property is co-owned than how can you get them out of the property. thats impossible. he too is the owner of the flat.

now as for selling off the property he cannot do it solely because you are also its owner.
to sell this property both of you have to agree mutually only than can it be solved.

now your main query is you have is that you paid the entire loan so you feel you have greater right over it the answer is morally yes but legally NO both co owners have equal rights.

why did you make someone else your co owner when you are making all the payments is your extreme Foolishness. accept it
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline kphk

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Re: co-owned property issue
« Reply #2 on: August 17, 2014, 06:16:24 AM »
Hi,
If you can give more details about the case, some loophole might exist to wriggle out of the situation.

Offline deepabalu

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Re: co-owned property issue
« Reply #3 on: August 18, 2014, 07:50:45 AM »
Sure Thanks for replying.

i do agree that bcos its a joint properly they have legal rights to it and now i cant do anything abt it, eventhough every penny i have paid for it and have proof of bank records settling the load solely from my account.

Me and my husband own another property in front of the dispute property and rental income is coming from that.
In good times, we have verbally asked the person to collect and send the rent to us as we reside outside india.
Bcos of recent issue[the person is in huge debt and in trouble]  the person is withholding the rent and blackmailing us to bring in the joint propertydeed  so that he could mortgage that or to give Rs10,00,000 . I don't want to sell/mortage the property and don't want to give in the person's unreasonable demands just bcos he is threatening us instead of requesting us.

This way of approach has really gotten the patience out of us. If he want a share of the property he could have gone to civil court and legally approached. But he is playing with the rental income  to which he is legally not entitled to bcos its completely in me and my husband's name.This is coercion.

Please let us know how to proceed with this.
I just want to stop the rental income from going to him, he has tenants in his hands and not giving us their number.


Offline kphk

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Re: co-owned property issue
« Reply #4 on: August 18, 2014, 08:10:00 AM »
Good news for you. Because u have the proof that u have paid the money, u can claim back what is rightfully yours and evict him from that place. Do not delay as the limitation might run out. As it is a bit complicated situation will need a good lawyer to put forward your case. If you are interested in taking immediate action I can guide you.

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